# State ex rel. Brubaker v. Hardy

> Ohio Supreme Court · February 9, 1966 · 5 Ohio St. 2d 103

URL: https://www.frixlaw.com/law-library/cases/6753577

## Case

- **Full name:** The State, ex rel. Brubaker v. Hardy, Board of Education of Adams Township School District
- **Court:** Ohio Supreme Court
- **Decided:** February 9, 1966
- **Citations:** 5 Ohio St. 2d 103; 34 Ohio Op. 2d 225; 214 N.E.2d 79; 1966 Ohio LEXIS 394
- **Precedential status:** Published
- **Opinion:** Opinion of the court
- **Judges:** Brown, Herbert, Matthias, Neill, Schneider, Taet, Zimmerman
- **Cited by:** 10 later opinions in the Frix Law Library

## Citator (automated)

- No negative treatment found by the automated citator. That is not the same as a confirmation that the case is good law; read the citing cases.
- Full citator and citing cases: https://www.frixlaw.com/law-library/cases/6753577

## Opinion text

Per Curiam.
The unilateral action of the respondent in withdrawing its acceptance of relator’s resignation, after the close of the third year when the resignation became effective, left the resignation stand as originally filed. Relator, allowing the resignation to stand and thereafter voluntarily entering into a one-year limited teaching contract, without protest, waived his right to a continuing contract of employment. State, ex rel. Ford, v. Board of Edn. of City School Dist. of Cleveland, 141 Ohio St. 124 .
Relator is not entitled to a writ of mandamus requiring the execution of a continuing contract of employment.
Judgment reversed.
Taet, C. J., Zimmerman, O’Neill, Schneider and Brown, JJ., concur.
Matthias and Herbert, JJ., dissent.

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Source: Frix Law Library, https://www.frixlaw.com/law-library/cases/6753577. Public record. Not legal advice.